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CC - 10-28-08Minutes of the REGULAR CITY COUNCIL MEETING October 28, 2008 The regular meeting of the Rosemead City Council was called to order by Mayor Tran at 7:15 p.m in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Mayor Pro Tern Nunez INVOCATION: Council Member Clark ROLL CALL OF OFFICERS PRESENT: Council Member's Clark, Low, Taylor, Mayor Pro Tern Nunez, Mayor Tran. OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Manager Saeki, Assistant City Manager Hawkesworth, Director of Finance Brisco, Public Affairs Manager Flores, Director of Parks and Recreation Montgomery-Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer Marcarello, Senior Planner Bermejo, and City Clerk Molleda. 2. PRESENTATIONS Emergency Prevention Week - Proclamation Fire Prevention Month - Proclamation Assistant Fire Chief Yi, spoke in appreciation of the support the city has shown towards the L.A County Fire Department. Bank of the West Presentation Representative Eva Aguinaya, requested a donation to support their Junior Achievement program. Citizen's Academy Graduation Public Affairs Manager Flores presented the graduating class of the Citizens Academy of 2008. Rosemead City Council Meeting Minutes of October 28, 2008 Page I of 8 • 0 1. PUBLIC COMMENT FROM THE AUDIENCE Marlene Shinen - reiterated regarding a request she made and asked Council if anyone had been provided the settlement document in question. Juan Nunez - spoke in regards to the Charter City measure. Chuck Lyons - commented on the Rosemead trail and advises the city look into some lighting issues located by Rose Street and Encinita Avenue. Scott Adams - express concerned that he was not notified by the city about the revised general plan. Ron Gay - spoke in reference to Mr. Adams concerns and congratulated The City and Park's and Recreation for the Oktoberfest event and the Rosemead trail. Jim Flournoy - encouraged citizens to get involved in zoning issues of the city. Mr. Flournoy advised staff that Save Our Community and Wal-Mart settlement document would not be release unless the party allowed it. 3. PUBLIC HEARING A. Zone Change 05.223 - Southern California Edison Right-of-Way on the South Side of Marshall Street between Earle Avenue and Rockhold Avenue (APN: 5371-013.801) First Evangelical Church of San Gabriel Valley is proposing a satellite parking lot on an existing Southern California Edison (SCE) right-of-way, located on the south side of Marshall Street between Earle Avenue and Rockhold Avenue. The parking lot will provide 148 off- street parking spaces for members and guests, which will eliminate the need to park on public streets adjacent to and in the immediate vicinity of the Church. First Evangelical Church of San Gabriel Valley is located at 3658 Walnut Grove Avenue, approximately two blocks east from the project site. Since the project area is located in the A-1 (Light Agricultural) zone, a zone change application is required to change the northern 2.56 acres of the 4.01 acre site to P (Automobile Parking). Mayor Tran opened the Public Hearing 7:47 pm Mayor Tran asked that Judith Farrell's letter be submitted into the minutes. She was unable to attend due to illness. Theresa Farrell - submitted a petition opposing the zone change 05-223 for a parking lot in residential area. John Farrell - long time resident opposing the zone change of a residential area to add a parking lot that will add pollution and decrease safety for children and senior citizens. Rosemead City Council Meeting Minutes o/'October 28, 2008 Page 2 0/'8 • 0 Veronica Pena - expressed concerned that a parking lot in a residential area will create more traffic. Jim Flournoy - asked if the school may have additional parking lot for the use of the church. Mr. Wang - member of the church in question offered his services to answer any questions from Council or residents. Ivan Tong - representing the church stated they will form a taskforce to feasibly guide church goers to park in the Edison parking lot. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve Ordinance No. 867, thereby APPROVING Zone Change 05.223 on the first reading. Vote resulted in: Yes: Low, Nunez, Tran No: Taylor Abstain: Clark Absent: None Mayor Tran closed the public hearing at 8:30 p.m.. 4. CONSENT CALENDAR A. Resolution No. 2008.70 Claims and Demands Recommendation: Adopt Resolution No. 2008-70, for payment of City expenditures in the amount of $821,283.93 numbered 59878 through 59900 and 64015 through 64157. B. Calling and Giving Notice of a General Municipal Election to be Held on Tuesday, March 3, 2009 and Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services Resolution No. 2008-72 calls for a General Municipal Election to be held on March 3, 2009, and makes provisions for the conduct of the election in accordance with the California Election Code. Resolution No. 2008-73 requests that the Board of Supervisors of the County of Los Angeles render specified services to the City relating to the conduct of the General Municipal Election to be held on Tuesday, March 3, 2009. Recommendation: That the City Council adopt Resolution No. 2008-72 and Resolution No. 2008-73. Rosemead City Council Meeting Minutes of October 28, 2008 Page 3 of 8 E. Traffic Safety Improvements at Walnut Grove Avenue and Halkett Avenue On September 4, 2008, the Traffic Commission reviewed a request to add a crosswalk at Walnut Grove Avenue and Halkett Avenue. After visiting the site, staff found that current traffic conditions do not warrant the addition of new striping or traffic control modifications. However, staff did provide alternative measures to help alleviate pavement markers (RPM) in front of the exiting edge lines on Walnut Grove between Grand Avenue and Mission Drive. Based on the traffic engineer's observations, the Traffic Commission approved staff's recommendation to add RPMs and also add a road curve warning sign with a flashing yellow beacon along Walnut Gove Avenue. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to implement traffic safety enhancements along Walnut Grove Avenue. Identity Theft Prevention Program The Federal Trade Commission established the Red Flag Rules which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003.16C.FR§681.2. These rules were designed to ensure that any "creditor" has sufficient policies and proactices in place to help prevent identity theft. The specific language contained the rules specifically mentions government agencies where certain conditions such as loans or the deferral of payment for goods or services. Since the City does offer residential rehabilitation loans through Community Development Block Grant program, it is staff's belief that we do need to adopt a Identity Theft Prevention Program. Recommendation: That the City Council adopt policy 40-05 - Identity Theft Prevention Program. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to approve Consent Calendar items A, B, E, and F. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None C. Notice of Completion - City Council Chambers As part of the City's Fiscal Year 2007-08 Capital Improvement Budget, the City Council approved a project to renovate the City Council Chambers. The project included modernization work, upgraded access for disabled persons, and improved audio visual technical equipment. The contract has been completed to the satisfaction of the City's Public Works Services Business Unit. Rosemead City Council Meeting Minutes of October 28, 2008 Page 4 o 8 Recommendation: That the City Council: Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after City Council acceptance. Marlene Shinen - Commended staff for improving the Council Chambers, however, she felt the work had not been completed, such as audio improvements. Juan Nunez - questioned the typo on the agenda item which stated "not completed". Council Member Gary Taylor made a motion, seconded by Mayor Pro Tern John Nunez to approve staff recommendation. Vote resulted in: Yes: Clark, Low, Nunez, Taylor, Tran No: None Abstain: None Absent: None Consent Calendar Item D was deferred for the next City Council meeting. D. Request for Stop Signs at Jackson Avenue and Garvalia Avenue On September 4, 2008, Traffic Commission reviewed a request to add a four-way stop at the intersection of Jackson Avenue and Garvalia Avenue. After visiting the site, staff found that current traffic conditions do not warrant the addition of stop signs due to low traffic volumes. However, after considering additional visibility concerns, the Traffic Commission decided that a four-way stop was warranted at this location. Recommendation: That the City Council approve the Traffic Commission's recommendation and authorize staff to take necessary steps to install a four-way stop intersection at Jackson Avenue and Garvalia Avenue. Rosemead City Council Meeting Minutes of October 28, 2008 Page 5 of 8 • • 5. MATTERS FROM CITY MANAGER & STAFF A. Consolidated Annual Performance and Evaluation Report for FY 2007-08 The City of Rosemead's Development Services Business Unit has completed its Consolidated Annual Performance Report (CAPER) for the July 1, 2007 through June 30, 2008 fiscal year. The CAPER describes the overall use of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds received from the Department of Housing and Urban Development (HUD) in relationship to the needs of the community as outlined in its 2005-2009 Consolidated Plan and FY 2007-2008 Annual Action Plan. The City's overall objective in the CDBG and HOME programs is the development of viable communities by providing decent housing, a suitable living environment and expansion of economic opportunities primarily for low-to-moderate income persons. Recommendation: That the City Council receive and file the information contained in this report as the review of program performance for the City's FY 2007-2008 Consolidated Annual Performance Report. City Council received and fled report. B. Advance of $3,055,000 for a Loan to the Rosemead Community Development Commission On June 10, 2008 the Rosemead Commission ("RCDC") held a regular budget meeting. At this meeting, by unanimous vote, the RCDC Commissioners approved the budget totaling $5,544,450. Subsequently, it became necessary for the RCDC to purchase a parcel of real property in order to complete a redevelopment project. Inasmuch as the RCDC does not have enough cash to purchase the property, it is necessary for the City to loan RCDC the cash to make the purchase. The details of the property purchase can be found in a RCDC staff report presented at the RCDC meeting held on 10/28/08. This report is to request an advance of $3,055,000. Recommendation: That the City Council approve Resolution No. 2008-71 which will provide an advance of $3,055,000 to the RCDC and direct staff to execute the loan documents between the City and RCDC. Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low to approve Resolution No. 2008.71. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None Rosemead City Council Meeting Minutes q October 28, 2008 Page 6 of 8 0 • C. Recommended Terms to be Used in a Promissory Note Payable to the City for an Advance Made by the City to RCDC on or About December 5, 2008 On June 10, 2008 the Rosemead Commission ("RCDC") held a regular budget meeting. At this meeting, by unanimous vote, the RCDC Commissioners approved the budget totaling $5,544,450. Subsequently the RCDC needs to borrow $3,055,000 for the purchase of property and secure the loan with a note payable. This report is to present to the Council, for review, the terms to be considered for use in promissory note to the City from Rosemead Community Development Commission. Recommendation: That the City Council approve the terms listed to be used in a Promissory Note made by the RCDC. Council Member Polly Low made a motion, seconded by Mayor Pro Tem John Nunez to approve the terms listed to be used in a Promissory Note made by the RCDC. Vote resulted in: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None Absent: None 6. MATTERS FROM MAYOR & CITY COUNCIL A. Take Action on Measure D At the request of Mayor John Tran, information regarding Measure D was put on the agenda for City Council to discuss. Measure D has been placed on the November 4th ballot by the El Monte Union High School District (EMUHSD). EMUHS is asking voters to consider Measure D, which would allow the District to issue $148 million in General Obligation Bonds to fund the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities. Recommendation: That the City Council discuss the item and provide staff with direction. Mayor John Tran made a motion; seconded by Mayor Pro Tern John Nunez, to support Measure D. Vote resulted in: Yes: Clark, Low, Nunez, Tran No: Taylor Abstain: None Absent: None Rosemead City Council Meeting Minutes of October 28, 2008 Page 7 of 8 0 0 7. ADJOURNMENT The meeting adjourn at 9:15 pm. The next regular City Council meeting is scheduled to take place on November 18, 2008 at 7:00 p.m. _ ATTEST: ~1 GIor City Clerk Rosemead City Council Meeting Minutes of October 28, 2008 Page 8 o 8 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) • 1, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes from October 28, 2008, were duly and regularly approved and adopted by the Rosemead City Council on the 181h of November 2008, by the following vote to wit: Yes: Low, Nunez, Tran No: Clark, Taylor Abstain: None - Absent: None ,llx U~g► Gloria Molleda City. Clerk.